Posted: 7/6/2013 9:24:04 PM EDT
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I already know what most people will say about this video (based on their responses to similar situations). The fact remains that if you piss off a state appointed official they can apparently treat you like a criminal. Despite being polite while standing his ground and legally being correct this man was detained at a DUI checkpoint with no reasonable suspicion, forced to provide identification (again with no suspicion of committing a crime), was held to wait for a drug sniffing dog (which the courts have deemed illegal unless the dog is available within the time the stop would normally take). The dog was allowed to walk on his car and scratch it, you can see & hear this in the video. The officers then state the dog has given them probable cause to search the vehicle and start going through his belongings. One of them mocks his claim to constitutional rights while he goes through his car before finding his camera and turning it around so he's not on tape. It goes without saying that no illegal items were found in the vehicle, and at this DUI checkpoint they never bothered to ask if he was inebriated.
The sad irony of this is that it took place on the night we celebrate our 'independence'. Our independence was declared against over controlling government's like this. Free men are not treated the way the man in this video was treated. 
https://www.youtube.com/watch?v=w-WMn_zHCVo |
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It is our duty preserve liberty. The majority of LEO's are good folks. It doesn't hurt to remind them that the U.S. Constitution is still the supreme law of the land. Now go out there and catch some real bad guys LEO's.
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It is our duty preserve liberty. The majority of LEO's are good folks. It doesn't hurt to remind them that the U.S. Constitution is still the supreme law of the land. Now go out there and catch some real bad guys LEO's. Amen, brother. |
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while i do not agree with the actions of the officers at the checkpoint, i do agree that the young man was looking for what he ultimately got. when asked for his id he did not produce one. this is where the encounter began to go down hill.
§ 40-5-29. License to be carried and exhibited on demand (a) Every licensee shall have his driver's license in his immediate possession at all times when operating a motor vehicle. (b) Every licensee shall display his license upon the demand of a law enforcement officer. A refusal to comply with such demand not only shall constitute a violation of this subsection but shall also give rise to a presumption of a violation of subsection (a) of this Code section and of Code Section 40-5-20. (c) A person convicted of a violation of subsection (a) of this Code section shall be fined no more than $10.00 if he produces in court a license theretofore issued to him and valid at the time of his arrest. had the young man presented his license, as the law clearly states above, the encounter would surely have had different results. instead he was leading the officers to where he wanted to go so he could get something interesting on his camera. if he feels he is not required to exhibit his license while operating a motor vehicle on the roads of the state of ga then he should take that up with someone other than the officers. |
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I used to think cops were to be respected. Not so much anymore. Give anyone a do what you want badge and they will act that way.
They have turned into thugs and power trippers. Rare instances excluded it seems none of them want to upbold our basic constitutional rights. "Only doing my job" is a bullshit excuse. And I am tired of them being the enforcement arm for corrupt politicians. |
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while i do not agree with the actions of the officers at the checkpoint, i do agree that the young man was looking for what he ultimately got. when asked for his id he did not produce one. this is where the encounter began to go down hill. § 40-5-29. License to be carried and exhibited on demand (a) Every licensee shall have his driver's license in his immediate possession at all times when operating a motor vehicle. (b) Every licensee shall display his license upon the demand of a law enforcement officer. A refusal to comply with such demand not only shall constitute a violation of this subsection but shall also give rise to a presumption of a violation of subsection (a) of this Code section and of Code Section 40-5-20. (c) A person convicted of a violation of subsection (a) of this Code section shall be fined no more than $10.00 if he produces in court a license theretofore issued to him and valid at the time of his arrest. had the young man presented his license, as the law clearly states above, the encounter would surely have had different results. instead he was leading the officers to where he wanted to go so he could get something interesting on his camera. if he feels he is not required to exhibit his license while operating a motor vehicle on the roads of the state of ga then he should take that up with someone other than the officers. Are the police allowed to pull you over ONLY to check to see if you have a valid drivers license? |
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Quoted:
while i do not agree with the actions of the officers at the checkpoint, i do agree that the young man was looking for what he ultimately got. when asked for his id he did not produce one. this is where the encounter began to go down hill. § 40-5-29. License to be carried and exhibited on demand (a) Every licensee shall have his driver's license in his immediate possession at all times when operating a motor vehicle. (b) Every licensee shall display his license upon the demand of a law enforcement officer. A refusal to comply with such demand not only shall constitute a violation of this subsection but shall also give rise to a presumption of a violation of subsection (a) of this Code section and of Code Section 40-5-20. (c) A person convicted of a violation of subsection (a) of this Code section shall be fined no more than $10.00 if he produces in court a license theretofore issued to him and valid at the time of his arrest. had the young man presented his license, as the law clearly states above, the encounter would surely have had different results. instead he was leading the officers to where he wanted to go so he could get something interesting on his camera. if he feels he is not required to exhibit his license while operating a motor vehicle on the roads of the state of ga then he should take that up with someone other than the officers. The man was looking to travel freely without being stopped and questions, which is his natural right. The camera seems to be a cell phone or something he set in his cup holder when he saw the checkpoint coming. To imply "he had it coming" is akin to saying girls who dress in skimpy outfits should expect to get raped. Nothing this man does or says is an excuse to infringe his constitutional rights. You're stating a Georgia statue for a situation that occurred in Tennessee and it has no legal jurisdiction in this matter. But if you watch the first 2 1/2 minutes you'll notice they never asked him about any driving infractions, if he had been drinking or for his driver's license. After he comes out of the car they ask for identification, despite the fact they have no reasonable suspicion of him committing a crime. It is pretty clear that the officer's were just looking to harass him for not submitting to their will. |
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Are the police allowed to pull you over ONLY to check to see if you have a valid drivers license?
1990 Supreme Court Ruling article No they aren't supposed to pull you over to check your license - this was a DUI checkpoint (read fishing expedition) He didn't get "pulled over" I don't agree with the ruling on these checkpoints at all but it is the law that DUI checkpoints are legal. All that guy had to do was keep his mouth shut, hand them his license, insurance and registration (if required there) and he would have been on his way in 10 seconds. |
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Quoted:
Are the police allowed to pull you over ONLY to check to see if you have a valid drivers license?
1990 Supreme Court Ruling article No they aren't supposed to pull you over to check your license - this was a DUI checkpoint (read fishing expedition) He didn't get "pulled over" I don't agree with the ruling on these checkpoints at all but it is the law that DUI checkpoints are legal. All that guy had to do was keep his mouth shut, hand them his license, insurance and registration (if required there) and he would have been on his way in 10 seconds. That's been the rationale for every action that erodes personal rights over history. At some point you have to say F-U its none of your damn business. People act like we are being dramatic, but this is on way of "how they got there" to some of the oppressive governments in history. It's not supposed to be the police vs everyone else. They are supposed to be on our side. |
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The man was looking to travel freely without being stopped and questions, which is his natural right
m4a1carbine. unfortunately freely traveling in your "vehicle" is not a natural right. when you sign the dotted line to get a drivers license you imply that you know the laws and will abide by them. a checkpoint is approved by law, and at that checkpoint you must present id. each, or should i say most, have the right to vote in this country. if people are unhappy they should express their feelings in the polls. most (i believe greater than 70%) in this country claim to be christian, but look at the morales of this country. im really not looking for a pissing contest, but we the people have allowed the state of affairs we live in, trying to show our asses to a cop doing his job is not going to change anything. the laws are made by the people we vote for, and the defense attorneys, lol |
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Showing your drivers license and proof of insurance to an officer in Georgia is a requirement. I don't know what state this occurred but in some states, showing your vehicle registration is also a requirement. Some of us disagree fundamentally with road blocks for fishing expeditions. With the exception of a dangerous fugitive on the loose, these roadblocks, in my opinion, are a violation of rights. Why not have roadblocks randomly every day? I am sure it would be productive. Why not simply put breathalyzers in every car as a requirement? Why not have police dogs randomly sniff cars in parking lots? There are all sorts of activities that can be done within our current laws that just seem over the top to me. I get that driving is a privilege and not a civil right. That doesn't mean you forfeit your right to privacy and have to be harassed without probable cause. |
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Showing your drivers license and proof of insurance to an officer in Georgia is a requirement. I don't know what state this occurred but in some states, showing your vehicle registration is also a requirement. Does this mean you can get pulled over randomly and asked for those things, or do they need probable cause first? Is driving down the road they happen to want to blockade probable cause to ask for those things? Being stopped, whether its a check point or traffic stop, is still being stopped. So if I'm walking down the street, in the mall, or around my home an officer has the right to stop me and demand to see my papers? |
| to be pulled over requires probable cause, reasonable suspicion, or a violation. if you are on foot in a public place (not behind a business or in someones backyard) is different from being in a vehicle. if you are on foot and not doing anything suspicios and a cop ask you for "your papers" simply ask is there a reason, and if not be on your way. a tier one police citizen encounter is based solely on your acceptance to engage in the encounter. |
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to be pulled over requires probable cause, reasonable suspicion, or a violation. if you are on foot in a public place (not behind a business or in someones backyard) is different from being in a vehicle. if you are on foot and not doing anything suspicios and a cop ask you for "your papers" simply ask is there a reason, and if not be on your way. a tier one police citizen encounter is based solely on your acceptance to engage in the encounter. What everybody is getting at is you are still being stopped without probable cause at a check point. Driving down the road they decide to blockade is not probable cause. So the law needs to change so we can practice our right to privacy while we drive down the road. Driving is not a right, but millions of people have to do it in order to be productive citizens. You should not have to sign rights away to drive legally. We jump through all the hoops and pay all the fees to get a license so we should retain the same rights as a pedestrian walking. |